United States v. Brooks, No. 12-4261 (2d Cir. 2013)
Annotate this CaseDefendant pled guilty to possessing with intent to distribute 50 grams or more of crack cocaine. On appeal, defendant challenged the district court's imposition of a Guidelines sentence of 300 months' imprisonment. The district court concluded that the applicable Guidelines range under the prior edition of the Guidelines was lower than it was under the then-current edition, and that Amendments 748 and 750 were substantive rather than clarifying. The court affirmed the district court's judgment, agreeing with the district court that Amendments 748 and 750 were substantive rather than clarifying under U.S.S.G. 1B1.11(b)(2).
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